Am. State Trust Co. of Detroit v. Rosenthal
| Citation | 255 Mich. 157,237 N.W. 534 |
| Decision Date | 25 June 1931 |
| Docket Number | Motion No. 37. |
| Parties | AMERICAN STATE TRUST CO. OF DETROIT v. ROSENTHAL et al. |
| Court | Supreme Court of Michigan |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, Wayne County, in Chancery; Vincent M. Brennan, Judge.
Bill by the American State Trust Company of Detroit, guardian of the estate of Ida Rosenthal, mentally incompetent, against Isaac Rosenthal and others. Motion for appointment of receiver was denied, and plaintiff appeals.
Affirmed.
Argued before the Entire Bench. Maurice M. Moule, of Detroit (Victor H. Wehmeier, of Detroit, of counsel), for appellant.
Bryant, Lincoln, Miller & Bevan, of Detroit, for Mollie Rosenthal.
Plaintiff has a judgment against Isaac Rosenthal. Execution levy was made on property conveyed by Rosenthal and wife to defendant Fanny Freedman. Plaintiff filed bill in aid of execution to set aside the Freedman deed as in fraud of creditors. The bill also alleged that Rosenthal and wife owned several pieces of property as tenants by the entireties, that Rosenthal is entitled to the rents and profits therefrom, and prayed that a receiver be appointed to collect such rents and profits and apply them on the judgment. Motion was made for appointment of a receiver pending suit to collect rents from all the property described. The court denied the motion without stating reasons therefor.
The record does not show that defendant Freedman was served either with process or with notice of the motion, and the bill contains no allegations of the necessity for a receivership as against her. The motion as to her was properly denied.
In Dickey v. Converse, 117 Mich. 449, 76 N. W. 80,72 Am. St. Rep. 568, it was held that crops raised on land owned by the entireties are not subject to execution levy on judgment against the husband. In Morrill v. Morrill, 138 Mich. 112, 101 N. W. 209, 210,110 Am. St. Rep. 306,4 Ann. Cas. 1100, it was held that the husband has the exclusive right to dispose of growing crops and use the proceeds as he sees fit. In Way v. Root, 174 Mich. 418, 140 N. W. 577, 581, it was held that the husband has the ‘control, use, rents, and profits of an estate by entirety,’ and may collect them by suit in his own name. The logical application of the ruling in Way v. Root would sustain the right of the husband's creditors to levy on the rents and profits. But, as is pointed out in Morrill v. Morrill, tenancy by entirety is itself anomalous, and the rulings on the rights thereunder are of the same...
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